4761:1-11-01 Administrative procedure for refusal to issue or renew a license, suspend, or revoke a license or impose a fine or other disciplinary action.

(A) Hearings held pursuant to proposed board action shall be in compliance with Chapter 119. of the Revised Code, including the following:

(1) A notice to be sent to the licensee by certified mail, of which receipt by a person employed by the facility shall constitute acceptable delivery, informing the license holder of the hearing on the proposed board action.

(2) The notice shall include a reason or reasons for such proposed action, the law or rule allegedly violated, and a statement informing the license holder of entitlement to a hearing, if requested, within thirty days of the time of mailing of the notice.

(3) The notice shall inform the licensee that he/she may appear in person, submit contentions in writing, or be represented by an attorney, and that the licensee may present evidence and examine witnesses at the hearing.

(4) In order to request a hearing under Chapter 119. of the Revised Code, a respondent representing the licensee or the respondent's attorney must, in accordance with rule 4761:1-12-03 of the Administrative Code, file in writing a statement requesting such adjudication hearing within thirty days of the date of mailing of the board's notice of opportunity for hearing, or final publication in a newspaper having general circulation in the respondent's county of residence. The date of mailing shall be the date appearing on the certified mail receipt.

(5) A respondent representing the licensee or the respondent's representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such a request has been filed, unless both representatives agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and rule 4761:1-12-14 of the Administrative Code.

Cite as Ohio Admin. Code 4761:1-11-01

R.C. 119.032 review dates: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.09, 119
Prior Effective Dates: 05/23/2005